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The Legal Analysis Of The Bribery Case Of MeiXiaoyang

Posted on:2014-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:L M ZhangFull Text:PDF
GTID:2246330398968226Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
This paper makes "MeiXiaoYang bribery case" as the starting point, which focus on the analysis of the disadvantage in the criminal procedure, combining with the revised criminal procedure law, discusses the pressing issues of the criminal procedure in our country. Mainly includes the following points:First, the question on torture. There may be happening tortured in this case, which is the main reason that this case attracted wide attention, how to curb torture is one of the main content in this paper.Second, the exclusion of illegal evidence. There are two primary causes of the illegal evidence, one is the rights to obtain evidence are illegal, another is the procedure of obtaining evidence is illegal. These unlawful act would bring injustice, and the exclusion of illegal evidence would be one of the primary content of this paper.Third, the open and transparent of the criminal procedure. The supervise of the judicial proceedings always be weak, which is one reason of the happening of serious infraction of judicial proceedings. To strengthen the supervision of investigation stage can effectively improve the transparent of the proceedings. Diversified supervision mode, as a kind of effective way to improve the public transparency is also worth studying and discussing. In this case, the microblog, as a new mode of transmission, plays an important role in spreading this case., which makes a small and rugular case be a public event. So the network has enormous influence in the field of today’s media. Making a good use of the network in strengthing the supervision by public opinion couold bring a positive meanng on guaranteeing the transparency of judicial proceedings. Only stengthen supervision could avoid such illegal evidence collection and extorting confessions by torture effectively.
Keywords/Search Tags:criminal proceedings, procedureal justice, illegal evidence, supervision bypublic opinion
PDF Full Text Request
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